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Legal/Public Notices for 06/17/12 - Substitute Trustee's Sales (2)


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NOTICE OF SUBSTITUTE TRUSTEE`S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated February 24, 2009, executed by CHERYL DIANE SEXTON, RONALD DEAN SEXTON, JR., conveying certain real property therein described to ROUSHANAK PAZOUKI BAGHAII- WILLIAMSON COUNTY, TN, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded February 27, 2009, in Deed Book 900, Page 2228; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of Rutherford County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on June 28, 2012 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: PROPERTY LOCATED IN THE COUNTY OF RUTHERFORD, TENNESSEE: BEING LOT NO. 1095, HORIZONTAL PROPERTY REGIME, PRIVATE ELEMENT PLAT, THE COTTAGES OF LAKE FOREST, PHASE ONE, AS THE SAME APPEARS OF RECORD IN PLAT BOOK 26, PAGE 115, REGISTER`S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION THEREOF. BEING THE SAME PROPERTY CONVEYED TO CHERYL DIANE SEXTON, HEREIN BY CASH DEED DATED 24TH DAY OF FEBRUARY, 2009, OF RECORD AT RB 900 PAGE 2226 IN SAID REGISTER`S OFFICE TENNESSEE. Parcel ID: 014J-C-001-00 PROPERTY ADDRESS: The street address of the property is believed to be 1005 ARLENE DRIVE, LA VERGNE, TN 37086. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): CHERYL DIANE SEXTON, RONALD DEAN SEXTON, JR. OTHER INTERESTED PARTIES: COTTAGES OF LAKE FOREST HOMEOWNERS ASSOCIATION The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #29029: 2012-06-03  2012-06-10, 2012-06-17  

NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of  Trust dated February 23, 1998, executed by WAYMON J BROWN, conveying certain real property  therein described to RON SUEDEKUM as same appears of record in the Register's Office of Rutherford County, on March 5, 1998, as Instrument No. 123950-002, in Book B-311, at Page 777; and  WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF  AMERICA, N.A., who is now the owner of said debt; and  WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with  Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to  the first publication of the Substitute Trustee’s Sale.    WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of Rutherford County, Tennessee on April 11, 2012.  NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and  payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly  appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute  Trustee will, on July 2, 2012, 2:00 PM at the Rutherford County courthouse door where the foreclosure  sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at  public outcry to the highest and best bidder for cash, the following described property situated in  Rutherford County, Tennessee, to wit:  ALL THAT TRACT OR PARCEL OF LAND SITUATE IN RUTHERFORD COUNTY, TENNESSEE,  TO-WIT: BEING LOT NO. 49, SUMMER PLACE SUBDIVISION, SECTION III, AS SHOWN BY  PLAT AND SURVEY OF RECORD IN PLAT BOOK 12, PAGE 176, OF THE REGISTER'S OFFICE OF  RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR  A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT.  PARCEL# 114L-B-0130 PROPERTY ADDRESS: The street address of the property is believed to be 2307 VALLEY GROVE DRIVE, MURFREESBORO, TN 37128. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.  CURRENT OWNER(S): WAYMON J BROWN AKA WAYMON JUNIOR BROWN  OTHER INTERESTED PARTIES: 1) NATIONSBANK OF TENNESSEE, N.A.; 2) DISCOVER BANK  The sale of the above-described property shall be subject to all matters shown on any recorded plat; any  unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens  or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate  survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.  The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.  RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 11-0006764 FEI # 1006.160923 06/10/2012, 06/17/2012, 06/24/2012

NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of  Trust dated September 25, 2008, executed by RANDALL SMOTHERMAN , AN UNMARRIED MAN,  conveying certain real property therein described to RONALD M. HARKAVY as same appears of record  in the Register's Office of Rutherford County, on October 1, 2008, as Instrument No. 1587156, in Book  873, at Page 1071; and  WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF  AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA  COUNTRYWIDE HOME LOANS SERVICING, LP, who is now the owner of said debt; and  WHEREAS, Notice of the Right to Foreclose(“Notice”) was given in compliance with  Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to the first publication of the Substitute Trustee’s Sale. WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as Substitute Trustee by instrument filed for record in the Register's Office of Rutherford County, Tennessee.  NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and  payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly  appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute  Trustee will, on July 2, 2012, 2:00 PM at the Rutherford County courthouse door where the foreclosure  sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at  public outcry to the highest and best bidder for cash, the following described property situated in  Rutherford County, Tennessee, to wit:  BEING LOT NO. 173 ON THE PLAN OF EASTWOOD SUBDIVISION, SECTION VII, OF RECORD  IN PLAT BOOK 4, PAGE 12, REGISTER'S OFFICE FOR RUTHERFORD COUNTY, TENNESSEE, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLETE LEGAL  DESCRIPTION.  PARCEL NO.: 018A D 01900 PROPERTY ADDRESS: The street address of the property is believed to be 127 VAUGHN STREET, LA VERGNE, TN 37086. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): RANDALL SMOTHERMAN OTHER INTERESTED PARTIES: The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.  The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.  RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021 Knoxville, TN 37929 Tel: (865) 342-3522 TS#: 10-0093644 FEI # 1006.109265 06/10/2012, 06/17/2012, 06/24/2012                 

NOTICE OF SUBSTITUTE TRUSTEE'S SALE TENNESSEE, RUTHERFORD COUNTY
DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Robert T.Sinex and Melanie H. Sinex to Ronald H. Harkavy, Trustee dated January 27, 2006 in the amount of $107,192.00, and recorded in the Register's Office of Rutherford County, Tennessee in Instrument No. 1397346, Deed Book 588, Page 2594-2617, ("Deed of Trust"); and, the beneficial interest of said Deed of Trust having been last transferred to Aurora Bank FSB by assignment; and, Aurora Bank FSB, as the current holder of said Deed of Trust (the "Holder"), has appointed as Substitute Trustee the undersigned, , any of whom may act, by instrument filed for record in the Register's Office of Rutherford County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; therefore, NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, July 5, 2012 commencing at 12:00 PM at the east door of the Rutherford County Courthouse, Murfreesboro, Tennessee; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: Being all of Lot No. 91, on the Plan of Final Plat, Section II, the Preserve at Indian Creek Subdivision, according to plat and survey appearing of record in Plat Book 28, Page 114, of the Registers Office of Rutherford County, to which plat reference is hereby made for more complete details of location and description of said lot. Being the same property conveyed to Robert T. Sinex and Melanie H. Sinex, Husband and wife, by deed form Ole South Properties, Inc., a Tennessee Corporation, dated January ___, 2006, appearing of record in Record Book 588, Page 2591, of the Registers Office of Rutherford County, Tennessee. The conveyance is made subject to declaration of covenants, restrictions and conditions contained in Instrument of record in Record Book 453, Page 990; Easement to United Cities Gas Company of record in Book 671, Page 226, and in Book 537, Page 770; Easement to Consolidated Utilities District of record in Book 671, Page 841; Easement to United States of America (TVA) of record in Book 84, Page 227, and in Box Y, Sheet 16; Subdivision Easement and street Grant(s) of record in Book 450, Page 76; Twenty foot Easement recited of record in Book 379, Page 316; Right of way and drainage Easement of record in Book 442, Page 429; AT&T easement of record in Book 89, Page 315; water line easement of record in Book 195, Page 429; Drainage easement of record in Book 448, Page 49; Sewer Easement of record in Book 646, Page 584, and in Book 646, Page 587; Slope and Temporary Construction Easement of record in Book 674, Page 567; and to any and all matters shown on said plat and survey of record in Plat Book 28, Page 114; all of said Registers Office. Parcel ID No.: 92A-B/49.00 Map & Parcel No.: 92A-B/49.00 PROPERTY ADDRESS: 824 Kanatak Lane, Murfreesboro, Tennessee 37128 CURRENT OWNER(S): Robert T. Sinex and Melanie H. Sinex SUBORDINATE LEINHOLDERS: DTA Solutions, LLC OTHER INTERESTED PARTIES: N/A All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, however, the undersigned will sell and convey only as Substitute Trustee. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce Development are listed as Interested Parties in the advertisement, then the Notice of this foreclosure is being given to them and the sale will be subject to the applicable governmental entities` right to redeem the property, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. Substitute Trustee reserves the right to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above. MCC TN, LCC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 (404) 373-1612 www.mccurdycandler.com File No. 11-19762 /CONV Ad Run Dates: 6/10/2012, 6/17/2012, and 6/24/2012 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Ad # 30170

 NOTICE OF SUBSTITUTE TRUSTEE`S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated June 25, 2009, executed by CHRISTY M. GOODMAN, conveying certain real property therein described to RALPH BERNARDO, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded July 8, 2009, in Deed Book 932, Page 3793; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of Rutherford County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on July 5, 2012 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: BEING ALL OF LOT NO. 26 LAKE FOREST, PHASE ONE, AS SHOWN BY PLAT AND SURVEY OF RECORD IN PLAT BOOK 14, PAGE 70, OF THE REGISTER`S OFFICE OF RUTHERFORD COUNTY, TENNESSEE TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE COMPLEX AND ACCURATE DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO HELEN J. PERERE, A SINGLE PERSON, BY WARRANTY DEED, RECORDED DECEMBER 8, 1998 IN BOOK 638, PAGE 528, REGISTERS OFFICE FOR RUTHERFORD COUNTY, TENNESSEE. MAP-PARCEL NO. 6 K-A 8.00 Parcel ID: 6K-A 8.00 PROPERTY ADDRESS: The street address of the property is believed to be 113 RIVERWOOD DRIVE, LA VERGNE, TN 37086. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): CHRISTY M. GOODMAN OTHER INTERESTED PARTIES: The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846
 Ad #30088: 2012-06-10  2012-06-17, 2012-06-24  

NOTICE OF SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of  Trust dated October 3, 1997, executed by CLIFTON JACK RYAN AND WIFE, DONNA G. RYAN,  conveying certain real property therein described to GARY B. FISHER as same appears of record in the  Register's Office of Rutherford County, on October 8, 1997, as Instrument No. 034725, in Book B-259, at  Page 489; and  WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to BANK OF  AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA  COUNTRYWIDE HOME LOANS SERVICING, LP, who is now the owner of said debt; and  WHEREAS, Notice of the Right to Foreclose (“Notice”) was given in compliance with  Tennessee law by the mailing a copy of the Notice to the parties at least sixty (60) days prior to  the first publication of the Substitute Trustee’s Sale.    WHEREAS, the undersigned, RECONTRUST COMPANY, N.A., having been appointed by as  Substitute Trustee by instrument filed for record in the Register's Office of Rutherford County, Tennessee   NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and  payable, and that the undersigned, RECONTRUST COMPANY, N.A., as Substitute Trustee or its duly  appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute  Trustee will, on July 9, 2012, 2:00 PM at the Rutherford County courthouse door where the foreclosure  sales are customarily held At the Rutherford County Courthouse, Murfreesboro, TN, proceed to sell at  public outcry to the highest and best bidder for cash, the following described property situated in  Rutherford County, Tennessee, to wit:  LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING LOT NO. 312 ON THE PLAN OF  HAILEY HILLS SECTION 5 OF RECORD IN PLAT BOOK 17, PAGE 140, REGISTER'S OFFICE FOR  SAID COUNTY, TO WHICH REFERENCE IS MADE FOR A MORE COMPLETE DESCRIPTION.  PARCEL # 017M-F-016.00 PROPERTY ADDRESS: The street address of the property is believed to be 203 POULAN COURT, LAVERGNE, TN 37086. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.  CURRENT OWNER(S): CLIFTON JACK RYAN and DONNA G RYAN OTHER INTERESTED PARTIES: ATLANTIC CREDIT & FINANCE, INC.  The sale of the above-described property shall be subject to all matters shown on any recorded plat; any  unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens  or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate  survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.  The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose.  RECONTRUST COMPANY, N.A. IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.  RECONTRUST COMPANY, N.A., Substitute Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Tel: (800) 281-8219 Fax: (866) 681-5002 Registered Agent: CT Corporation System 800 South Gay Street, Suite 2021  Knoxville, TN  37929 Tel:  (865) 342-3522 TS#: 10-0057457 FEI # 1006.161062 06/17, 06/24, 07/01/2012

NOTICE OF SUBSTITUTE TRUSTEE`S SALE
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated April 30, 2004, executed by JAMES S. MILES, KASANDRA D. MILES, conveying certain real property therein described to Arnold M. Weiss, as Trustee, as same appears of record in the Register's Office of Rutherford County, Tennessee recorded May 4, 2004, in Deed Book 382, Page 2535; and WHEREAS, the beneficial interest of said Deed of Trust was last transferred and assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-5 who is now the owner of said debt; and WHEREAS, Notice of the Right to Foreclose, if required pursuant to T.C.A. § 35-5-117, was given in accordance with Tennessee law; and WHEREAS, the undersigned,Rubin Lublin TN, PLLC, having been appointed as Substitute Trustee by instrument to be filed for record in the Register's Office of Rutherford County, Tennessee. NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Rubin Lublin TN, PLLC, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on July 17, 2012 at 02:00 PM at the courthouse door where the foreclosure sales are customarily held , located in Murfreesboro, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Rutherford County, Tennessee, to wit: LAND IN RUTHERFORD COUNTY, TENNESSEE, BEING ALL OF LOT NO. 51, SECTION III, MCGWYNN SPRINGS, OF RECORD IN PLAT BOOK 13, PAGE 268, REGISTER`S OFFICE FOR SAID COUNTY, TO WHICH REFERENCE IS MADE FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT. BEING THE SAME PROPERTY CONVEYED TO THE GRANTOR(S) BY DEED BEING RECORDED SIMULTANEOUSLY HEREWITH. Parcel ID: 28K-A-51.00 PROPERTY ADDRESS: The street address of the property is believed to be 200 NOEL LANE, SMYRNA, TN 37167. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control. CURRENT OWNER(S): JAMES S. MILES, KASANDRA D. MILES OTHER INTERESTED PARTIES: REGENCY FINANCE DBA FMAC The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular use or purpose. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Rubin Lublin TN, PLLC, Substitute Trustee 119 S. Main Street, Suite 500 Memphis, TN 38103 www.rubinlublin.com/property-listings.php Tel: (877) 813-0992 Fax: (404) 601-5846  Ad #30487: 2012-06-17  2012-06-24, 2012-07-01   
 
 
 
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